I booked a flat in Bhubaneswar but the builder abandoned the project midway, what are my remedies under RERA?

Detailed Legal Analysis

If a builder abandons a project midway in Bhubaneswar, you have several remedies under the Real Estate (Regulation and Development) Act, 2016 (RERA).

Under RERA, you can take the following steps to seek redressal:

• File a Complaint with the RERA Authority:
  • According to Section 31 of RERA, you can file a complaint against the builder with the RERA authority of Odisha.
  • Your complaint can be about the abandonment of the project, delay in possession, or non-compliance with the terms of the agreement.
• Seek Refund of Advance Amount:
  • Under Section 18(1) of RERA, if the builder fails to deliver possession of the flat as per the agreement, you are entitled to a full refund of the amount paid along with interest.
  • The builder is liable to pay interest at the rate specified under RERA for the period of delay.
• Claim for Compensation:
  • You may also seek compensation for losses incurred due to the abandonment of the project, as mentioned in Section 18(1) of RERA.
  • The compensation can cover costs related to alternative accommodation and any other financial loss you have suffered.
• File a Complaint in the Consumer Forum:
  • If you are not satisfied with the response from the RERA authority, you can escalate your complaint to the Consumer Forum under the Consumer Protection Act, 2019.
  • Section 21 of the Consumer Protection Act allows you to file a complaint against the builder for deficiency in service.
• Engage Legal Counsel:
  • It is advisable to consult a legal expert who specializes in real estate matters to guide you through the complaint process and ensure your rights are protected.

In summary, you have the right to seek a refund, compensation, and take legal action against the builder under the provisions of RERA and the Consumer Protection Act. Ensure all documentation related to your booking and communications with the builder is preserved as it will support your claims.